Leichhardt Council v Almarc Consultants Pty Ltd & Anor [2001] NSWLEC 130

Land and Environment Court of New South Wales

CITATION : Leichhardt Council v Almarc Consultants Pty Ltd & Anor [2001] NSWLEC 130 APPLICANT: Leichhardt Council PARTIES : RESPONDENTS: Almarc Consultants Pty Ltd & Anor. FILE NUMBER(S) : 40192 of 2001 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- construction of (i) Development consent for meaning of "associated uses" and (ii) LEP for meaning of "community uses". LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Nix and Dunn v Pittwater Council (1994) 84LGERA 199 DATES OF HEARING: 14 June 2001 EX TEMPORE JUDGMENT DATE : 06/14/2001

APPLICANT: Mr B Davison SC SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES: RESPONDENT: Mr D Wilson, Barrister SOLICITORS Paul Marsh

JUDGMENT:

IN THE LAND AND Matter No. 40192 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 14 June 2001

LEICHHARDT COUNCIL

Applicant

v

ALMARC CONSULTANTS PTY LTD

First Respondent

VAMONA PTY LTD

Second Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. By its amended Class 4 application, the Council claims declaratory and injunctive relief against the Respondents in respect of the use of the ground floor of a building (known as "Building C") being one of a cluster of buildings situate on land known as Nos 44 - 46 Smith Street, Balmain (the subject land).

2. The second Respondent owns the subject land and the first Respondent is the occupier of the ground floor of Building C in which it conducts the businesses of a refreshment room and children's functions centre.